Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Mesothelioma definition

What does Mesothelioma mean? Mesothelioma is an aggressive cancer of the mesothelial lining, usually caused by inhaling asbestos fibres. In legal practice it is an asbestos-related industrial disease giving rise to personal injury and fatal dependency claims in negligence and breach of statutory duty against employers, occupiers and manufacturers. The term is medical, not defined in legislation, and is used descriptively across tort, employers’ liability and product liability contexts. Key legal features include long latency (often decades), evidential reliance on occupational exposure history, and special causation rules: UK case law (the Fairchild principle) permits recovery where a defendant materially increased the risk of contracting mesothelioma....

Disease compensation schemes: P(WC)A 1979, 2008 and 2014 mesothelioma schemes, coal workers, radiation, armed forces and infected blood: eligibility, time limits and payments

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Practice notes

Alternative routes for occupational disease compensation

Understandably, claimant practitioners will first direct their efforts towards a common law action in the civil courts for occupational disease. There are, however, occasions when that conventional route is unavailable to the client. This may stem from how the illness was contracted and, frequently, the absence of an identifiable tortfeasor (or at least one with insurance). In such cases, a range of statutory and administrative compensation schemes may offer an alternative avenue of redress. For civil claims for Mesothelioma sufferers, see Practice Note: Mesothelioma claims—procedure. For each scheme identified, this Practice Note sets out the particular circumstances in which turning to the scheme may be appropriate...

The Pneumoconiosis etc (Workers’ Compensation) Act 1979 (P(WC)A 1979)

Definition

Pneumoconiosis describes a group of conditions arising from the inhalation and Retention of dust within the lungs.

Applying

Apply by completing the relevant section of the ‘Mesothelioma and other lung diseases (PWC1)’ form and returning it to:

Barnsley Industrial Injuries Disablement Benefit Office
Mail Handling Site A
Wolverhampton
WV98 1SY

Eligibility

Payment may be made in respect...

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Andrew Wilson

Andrew has more than 25 years’ experience of working in the fields of personal injury and occupational disease litigation, acting for both claimants and defendants. He trained at L Bingham & Co, gaining early experience in a number of important high profile claims involving the MIB. During the 1990s Andrew worked at Hextalls and then Kennedys, predominantly for defendants across a range of motor, employers’ liability and public liability matters many of which involved serious injuries or death. More recently, he has dealt with cases for claimants who have suffered serious injuries or occupational disease. He was a partner in a large specialist practice. He has provided seminars to solicitors and other legal professionals both for an external conference company and in house on the workings of the Civil Procedure Rules in the context of personal injury claims, amongst other...

Web page updated on 22/05/2026

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